544.665. Failure to appear, penalty. — 1. In addition to the forfeiture of any security which was given or pledged for a person's release, any person who, having been released upon a recognizance or bond pursuant to any other provisions of law while pending preliminary hearing, trial, sentencing, appeal, probation or parole revocation, or any other stage of a criminal matter against him or her, knowingly fails to appear before any court or judicial officer as required shall be guilty of the crime of failure to appear.
2. Failure to appear is:
(1) A class E felony if the criminal matter for which the person was released included a felony;
(2) A class A misdemeanor if the criminal matter for which the person was released includes a misdemeanor or misdemeanors but no felony or felonies;
(3) An infraction if the criminal matter for which the person was released includes only an infraction or infractions;
(4) An infraction if the criminal matter for which the person was released includes only the violation of a municipal ordinance, provided that the sentence imposed shall not exceed the maximum fine which could be imposed for the municipal ordinance for which the accused was arrested.
3. Nothing in sections 544.040 to 544.665 shall prevent the exercise by any court of its power to punish for contempt.
Notes of Decisions
Cited in
38
cases (
6 in the last 5 years), 1976–2024 · leading case:
State v. Redifer, 215 S.W.3d 725 (Mo. Ct. App. 2006).
State v. Redifer, 215 S.W.3d 725 (Mo. Ct. App. 2006).
· cites it 23× “The State indicates that defendant was being arrest[ed] for failure to appear under Section 544.665, RSMo. That statute requires that a person fails to appear before “any court or judicial officer.”
State v. Adams, 532 S.W.2d 524 (Mo. Ct. App. 1976).
· cites it 16× “Defendant Robert Faye Adams was found guilty of willful failure to appear in court (bond jumping) as defined and denounced by § 544.665, RSMo Supp.1973. 1 His punishment was assessed at imprisonment for a term of five years and he appeals.”
State v. Hawthorne, 74 S.W.3d 826 (Mo. Ct. App. 2002).
· cites it 6× “Hawthorne appeals his conviction and sentence after a bench trial in the Platte County Circuit Court, of one count of failure to appear, a felony, in violation of § 544.665 RSMo 1994. The trial court found Hawthorne guilty and sentenced him to a term of three years’ imprisonment.”
State v. Seay, 395 S.W.3d 64 (Mo. Ct. App. 2013).
· cites it 18× “§ 544.665, RSMo 2000. Cases interpreting this version of the statute determined that, before a person could be guilty of the crime of failure to appear, the person had to fail to appear on a criminal matter, i.”
State v. Fernow, 328 S.W.3d 429 (Mo. Ct. App. 2010).
· cites it 7× “Section 544.665 RSMo Supp.2009. This change became effective August 28, 2009.”
State v. Lasley, 130 S.W.3d 15 (Mo. Ct. App. 2004).
· cites it 3× “3, RSMol994, and felony failure-to-appear in violation of Section 544.665, RSMo Cum.Supp.1998. The trial court sentenced Defendant to concurrent sentences of three years imprisonment on each count.”
State v. Street, 735 S.W.2d 371 (Mo. Ct. App. 1987).
· cites it 2× “Street was charged with failure to appear, § 544.665, RSMo.1986, in answer to a criminal charge.”
State v. Dumas, 898 S.W.2d 689 (Mo. Ct. App. 1995).
· cites it 5× “Defendant, Saadi Dumas, contests a conviction of failure to appear, § 544.665 RSMo 1986. Defendant challenges the sufficiency of the evidence to support the verdict.”
Waserman v. State, 100 S.W.3d 854 (Mo. Ct. App. 2003).
· cites it 2× “090, 1 and failure to appear, a violation of Section 544.665. The trial court found Movant to be a prior and persistent offender under Sections 558.”
State v. Charles, 538 S.W.2d 944 (Mo. Ct. App. 1976).
· cites it 3× “In a trial to the court, a jury being specifically waived, appellant was convicted of the commission of the crime under § 544.665 RSMo (Laws 1972, p. 1027, § 1), of willful failure to appear for trial of a felony charge for operating a confidence game.”
State v. Young, 636 S.W.2d 684 (Mo. Ct. App. 1982).
· cites it 3× “Section 544.665, RSMo 1978, 3 defines the offense of failure to appear.”
— Mo. Rev. Stat. § 544.665(1) — 1 case
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